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I changed lawyers in a Paternity/Uniformed Child Custody…

I changed lawyers in...

I changed lawyers in a Paternity/Uniformed Child Custody case because 1st lawyer didn't use evidence I had given to put her on defensive. He didn't help me he in fact she was getting a pass and in response put me on defensive. I changed lawyers. My question is can he get rid of filed case and reopen a whole new one with correct allegations and my wishes?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

If hired a new one 7 days ago

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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Answered in 4 minutes by:
2/25/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,711
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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So to be clear you want to throw out the entire case and refile?

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Customer reply replied 1 year ago
Sorry site has been trying to redirect me
Customer reply replied 1 year ago
Can u answer without me calling? And this is in florida
Customer reply replied 1 year ago
Its the weekend and his office is closed otherwise I would call him. I just would like to know now. Tu

Yes, you must have received an autogenerated phone call service request;

thank you for your patience;
i could find no basis for vacating prior orders based on hiring new counsel. If both parties do agree, the court may dismiss it (without prejudice so it can be refiled later) but if the other party objected the court would not rule for that since there is no authority to do so.

Child custody issues are always modifiable based upon a showing of changed circumstances so if the new lawyer can review the file and find a changed circumstance (since the most recent order) that can be a basis for modifying prior orders.

But the court will not throw out the entire case.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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Customer reply replied 1 year ago
what prior lawyer put in that we are both fit and proper to care for them ( which in her case isn't true with evidence I have). He didn't outline circumstances. Can that be redone?

If there is ongoing evidence then the new evidence can be used, and then the past evidence can be brought in "in support of" the allegation.

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Customer reply replied 1 year ago
Did u get camera shot?
Customer reply replied 1 year ago
She has filed a response. Putting me on defensive. So shot I sent u saying both proper and her lawyer agreeing to that can be modify to say she isnt? Then what were her lawyer do?

Yes, so if an order was made based on that, the party wishing to modify it can present new evidence that shows the other party is not in fact fit due to X, Y and Z.

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Her lawyer would need to respond to that new motion.

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Customer reply replied 1 year ago
If u can answer this id appreciate. No financial affidavit on her part had been filed since this started Dec 22 2016. Can she get support from then till present or when she filed one? Her lawyer is asking to start it from Dec 22. Still no financial has been filed
Customer reply replied 1 year ago
Last one

The court can order the support retroactive to the date of the filing of the request for support;

however, if a party unreasonably refused to provide the necessary affidavit so an award can be determined the court can apply equitable doctrines to bar support for that time (on the premise that the unreasonable delay unduly prejudiced the obligor since they had no idea of the amount and thus could not plan accordingly).

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Customer reply replied 1 year ago
The first time it was brought up was in her lawyers response 3 days ago.
Customer reply replied 1 year ago
Their was never a filing on her part till she got a lawyer 3 days ago

Then the court does not have jurisdiction to award support prior to the date the request was made.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,711
Experience: Experienced Family Law Attorney
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LegalGems and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 year ago
Ty
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